83_FR_38262 83 FR 38112 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard

83 FR 38112 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38112-38114
FR Document2018-16602

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the state of West Virginia. This revision pertains to the infrastructure requirement for interstate transport of pollution with respect to the 2012 fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38112-38114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16602]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0373; FRL-9981-68--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Interstate Transport Requirements for the 2012 Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
state of West Virginia. This revision pertains to the infrastructure 
requirement for interstate transport of pollution with respect to the 
2012 fine particulate matter (PM2.5) national ambient air 
quality standards (NAAQS). EPA is approving this revision in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 4, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0373 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed

[[Page 38113]]

from Regulations.gov. For either manner of submission, EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be confidential business information 
(CBI) or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: On November 12, 2015, the State of West 
Virginia, through the West Virginia Department of Environmental 
Protection (WVDEP) submitted a SIP revision addressing all required 
infrastructure elements under section 110(a) of the CAA for the 2012 
PM2.5 NAAQS. On May 12, 2017, EPA approved all portions of 
West Virginia's November 12, 2015 submittal except the portions of the 
submittal which address section 110(a)(2)(D)(i)(I) (prongs 1 and 2) and 
110(a)(2)(D)(i)(II) (prong 4). See 82 FR 22076. As explained in the 
final rule, EPA intended to take separate action on these portions of 
West Virginia's submittal. At this time, EPA is only taking action on 
110(a)(2)(D)(i)(I) (prongs 1 and 2) and is not taking action on 
110(a)(2)(D)(i)(II) (prong 4); EPA is proposing separate action on 
prong 4. See 83 FR 27734 (June 14, 2018).

I. Background

A. General

    Particle pollution is a complex mixture of extremely small 
particles and liquid droplets in the air. When inhaled, these particles 
can reach the deepest regions of the lungs. Exposure to particle 
pollution is linked to a variety of significant health problems. 
Particle pollution also is the main cause of visibility impairment in 
the nation's cities and national parks. PM2.5 can be emitted 
directly into the atmosphere, or it can form from chemical reactions of 
precursor gases including sulfur dioxide (SO2), nitrogen 
dioxide (NO2), certain volatile organic compounds (VOC), and 
ammonia. On January 15, 2013, EPA revised the level of the health based 
(primary) annual PM2.5 standard to 12 micrograms per meter 
cubed ([micro]g/m\3\). See 78 FR 3086.

B. EPA's Infrastructure Requirements

    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit a SIP revision to address the applicable requirements of section 
110(a)(2) within three years after promulgation of a new or revised 
NAAQS or within such shorter period as EPA may prescribe. Section 
110(a)(2) requires states to address basic SIP elements to assure 
attainment and maintenance of the NAAQS--such as requirements for 
monitoring, basic program requirements, and legal authority. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances of each NAAQS and what 
is in each state's existing SIP. In particular, the data and analytical 
tools available at the time the state develops and submits the SIP 
revision for a new or revised NAAQS affect the content of the 
submission. The content of such SIP submission may also vary depending 
upon what provisions the state's existing SIP already contains.
    Specifically, section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions. Section 110(a)(2) lists specific 
elements that states must meet for infrastructure SIP requirements 
related to a newly established or revised NAAQS such as requirements 
for monitoring, basic program requirements, and legal authority that 
are designed to assure attainment and maintenance of the NAAQS.

C. Interstate Pollution Transport Requirements

    Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to 
address any emissions activity in one state that contributes 
significantly to nonattainment, or interferes with maintenance, of the 
NAAQS in any downwind state. The EPA sometimes refers to these 
requirements as prong 1 (significant contribution to nonattainment) and 
prong 2 (interference with maintenance), or jointly as the ``good 
neighbor'' provision of the CAA. On March 17, 2016, EPA issued a 
memorandum providing information on the development and review of SIPs 
that address CAA section 110(a)(2)(D)(i) for the 2012 PM2.5 
NAAQS (2016 PM2.5 Memorandum).\1\ Further information can be 
found in the Technical Support Document (TSD) for this rulemaking 
action, which is available online at www.regulations.gov, Docket number 
EPA-R03-OAR-2017-0337.
---------------------------------------------------------------------------

    \1\ ``Information on the Interstate Transport ``Good Neighbor'' 
Provision for the 2012 Fine Particulate Matter National Ambient Air 
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' 
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality 
Planning and Standards (March 17, 2016). A copy is included in the 
docket for this rulemaking action.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    West Virginia's November 12, 2015 SIP submittal alleged that the 
current West Virginia SIP contains adequate measures to ensure that the 
state is not causing significant contribution to nonattainment in, nor 
interfering with the maintenance of, any other state with respect to 
the 2012 PM2.5 NAAQS. West Virginia refers to the measures 
detailed in the section pertaining to section 110(a)(2)(A), which 
included numerous SIP-approved measures and other federally enforceable 
measures, pursuant to permitting requirements under the CAA, that apply 
to sources of PM2.5 and its precursors within West Virginia. 
A detailed summary of West Virginia's submittal and EPA's review and 
rationale for approval of this SIP revision as meeting CAA section 
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in 
the TSD for this rulemaking action, which is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2016-0373.
    EPA used the information in the 2016 PM2.5 Memorandum 
and additional information for the evaluation and came to the same 
conclusion as West Virginia. As discussed in greater detail in the TSD, 
EPA identified the potential downwind nonattainment and maintenance 
receptors identified in the 2016 PM2.5 Memorandum, and then 
evaluated them to determine if West Virginia's emissions could 
potentially contribute to nonattainment and maintenance problems in 
2021, the attainment year for moderate PM2.5 nonattainment 
areas. Specifically, the analysis identified the following areas as 
potential nonattainment and maintenance receptors: (i) 17 potential 
receptors in California; (ii) one potential receptor in Shoshone 
County, Idaho; (iii) one potential receptor in Allegheny County, 
Pennsylvania; (iv) data gaps exist for the monitors in four counties

[[Page 38114]]

in Florida; and (v) data gaps exist for all monitors in Illinois. For 
the 17 receptors in California and one potential receptor in Idaho, 
based on EPA's evaluation of distance and wind direction, EPA proposes 
to conclude that West Virginia's emissions do not significantly impact 
those receptors. For the potential receptor in Allegheny County, EPA 
expects the air quality affecting that monitor to improve to the point 
where the monitor will not be a nonattainment or maintenance receptor 
by 2021 and is therefore unlikely to be a receptor for purposes of 
interstate transport. For the four counties in Florida and the monitors 
in Illinois with data gaps, EPA initially treats those receptors as 
potential nonattainment or maintenance receptors, but it is unlikely 
that they will be nonattainment or maintenance receptors in 2021 
because the most recent air quality data (from 2015-2017 for Florida 
and from 2015-2016 for Illinois) indicates that all monitors are likely 
attaining the PM2.5 NAAQS and are therefore unlikely to be 
nonattainment or maintenance concerns in 2021. Therefore, EPA proposes 
to conclude that West Virginia emissions will not contribute to those 
monitors. For these reasons, EPA is proposing to find that West 
Virginia's existing SIP provisions as identified in the November 12, 
2015 SIP submittal are adequate to prevent its emission sources from 
significantly contributing to nonattainment or interfering with 
maintenance in another state with respect to the 2012 PM2.5 
NAAQS.

III. Proposed Action

    EPA is proposing to approve the November 12, 2015 West Virginia SIP 
revision addressing the interstate transport requirements for the 2012 
PM2.5 NAAQS because the submittal adequately addresses 
section 110(a)(2)(D)(i)(I) of the CAA. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP, addressing West Virginia's interstate transport 
obligations with respect to the 2012 PM2.5 NAAQS, is not 
approved to apply on any Indian reservation land as defined in 18 
U.S.C. 1151 or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 12, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16602 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                38112                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules

                                                Philadelphia 1-hour severe                              Region III Office (please contact the                 In addition, this proposed rule,
                                                nonattainment areas. All remaining                      person identified in the FOR FURTHER                  Maryland’s 2008 8-hour ozone RACT
                                                counties which are part of the OTR                      INFORMATION CONTACT section of this                   SIP revision does not have tribal
                                                major source levels remain at 50 tpy for                preamble for more information).                       implications as specified by Executive
                                                VOC. More detailed information on                                                                             Order 13175 (65 FR 67249, November 9,
                                                these provisions as well as a detailed                  V. Statutory and Executive Order                      2000), because the SIP is not approved
                                                summary of EPA’s review can be found                    Reviews                                               to apply in Indian country located in the
                                                in the Technical Support Document                          Under the CAA, the Administrator is                state, and EPA notes that it will not
                                                (TSD) for this action which is available                required to approve a SIP submission                  impose substantial direct costs on tribal
                                                on line at www.regulations.gov, Docket                  that complies with the provisions of the              governments or preempt tribal law.
                                                number EPA–R03–OAR–2018–0508.                           CAA and applicable Federal regulations.
                                                                                                        42 U.S.C. 7410(k); 40 CFR 52.02(a).                   List of Subjects in 40 CFR Part 52
                                                III. Proposed Action                                                                                            Environmental protection, Air
                                                                                                        Thus, in reviewing SIP submissions,
                                                   EPA has reviewed Maryland’s 2016                     EPA’s role is to approve state choices,               pollution control, Incorporation by
                                                RACT Submission and is proposing to                     provided that they meet the criteria of               reference, Nitrogen dioxide, Ozone,
                                                approve Maryland’s SIP revision on the                  the CAA. Accordingly, this action                     Reporting and recordkeeping
                                                basis that Maryland has met the RACT                    merely approves state law as meeting                  requirements, Volatile organic
                                                requirements for the 2008 8-hour ozone                  Federal requirements and does not                     compounds.
                                                NAAQS as set forth by sections 182(b)                   impose additional requirements beyond                   Authority: 42 U.S.C. 7401 et seq.
                                                and 184(b)(2) of the CAA. Maryland’s                    those imposed by state law. For that
                                                SIP revision satisfies the 2008 8-hour                                                                          Dated: July 24, 2018.
                                                                                                        reason, this proposed action:
                                                                                                                                                              Cecil Rodrigues,
                                                ozone NAAQS RACT requirements                              • Is not a ‘‘significant regulatory
                                                through (1) certification that previously               action’’ subject to review by the Office              Acting Regional Administrator, Region III.
                                                adopted RACT controls in Maryland’s                     of Management and Budget under                        [FR Doc. 2018–16603 Filed 8–2–18; 8:45 am]
                                                SIP that were approved by EPA under                     Executive Orders 12866 (58 FR 51735,                  BILLING CODE 6560–50–P
                                                the 1-hour ozone and 1997 8-hour ozone                  October 4, 1993) and 13563 (76 FR 3821,
                                                NAAQS continue to be are based on the                   January 21, 2011);
                                                currently available technically and                        • Is not an Executive Order 13771 (82              ENVIRONMENTAL PROTECTION
                                                economically feasible controls, and that                FR 9339, February 2, 2017) regulatory                 AGENCY
                                                they continue to represent RACT; (2) a                  action because SIP approvals are
                                                negative declaration demonstrating that                                                                       40 CFR Part 52
                                                                                                        exempted under Executive Order 12866.
                                                no facilities exist in the state for certain               • Does not impose an information                   [EPA–R03–OAR–2016–0373; FRL–9981–
                                                the applicable CTG categories; and (3)                  collection burden under the provisions                68—Region 3]
                                                adoption of new or more stringent                       of the Paperwork Reduction Act (44
                                                RACT determinations when technically                    U.S.C. 3501 et seq.);                                 Approval and Promulgation of Air
                                                and economically feasible. EPA finds                       • Is certified as not having a                     Quality Implementation Plans; West
                                                that Maryland’s 2016 RACT Submission                    significant economic impact on a                      Virginia; Interstate Transport
                                                demonstrates that the State has adopted                 substantial number of small entities                  Requirements for the 2012 Fine
                                                air pollution control strategies that                   under the Regulatory Flexibility Act (5               Particulate Matter Standard
                                                represent RACT for the purposes of                      U.S.C. 601 et seq.);                                  AGENCY:  Environmental Protection
                                                compliance with the 2008 8-hour ozone                      • Does not contain any unfunded                    Agency (EPA).
                                                standard for all major stationary sources               mandate or significantly or uniquely                  ACTION: Proposed rule.
                                                of VOC. EPA finds that Maryland’s SIP                   affect small governments, as described
                                                implements RACT with respect to all                     in the Unfunded Mandates Reform Act                   SUMMARY:   The Environmental Protection
                                                sources of VOCs covered by a CTG                        of 1995 (Pub. L. 104–4);                              Agency (EPA) is proposing to approve a
                                                issued prior to July 20, 2014, as well as                  • Does not have Federalism                         state implementation plan (SIP) revision
                                                represents RACT for all CTG VOC major                   implications as specified in Executive                submitted by the state of West Virginia.
                                                stationary sources. EPA is soliciting                   Order 13132 (64 FR 43255, August 10,                  This revision pertains to the
                                                public comments on the issues                           1999);                                                infrastructure requirement for interstate
                                                discussed in this document relevant to                     • Is not an economically significant               transport of pollution with respect to
                                                RACT requirements for Maryland for the                  regulatory action based on health or                  the 2012 fine particulate matter (PM2.5)
                                                2008 ozone NAAQS. These comments                        safety risks subject to Executive Order               national ambient air quality standards
                                                will be considered before taking final                  13045 (62 FR 19885, April 23, 1997);                  (NAAQS). EPA is approving this
                                                action.                                                    • Is not a significant regulatory action           revision in accordance with the
                                                                                                        subject to Executive Order 13211 (66 FR               requirements of the Clean Air Act
                                                IV. Incorporation by Reference                          28355, May 22, 2001);                                 (CAA).
                                                  In this proposed rule, EPA is                            • Is not subject to requirements of
                                                proposing to include in a final EPA rule                                                                      DATES: Written comments must be
                                                                                                        Section 12(d) of the National
                                                regulatory text that includes                           Technology Transfer and Advancement                   received on or before September 4,
                                                incorporation by reference. In                          Act of 1995 (15 U.S.C. 272 note) because              2018.
                                                accordance with requirements of 1 CFR                   application of those requirements would               ADDRESSES: Submit your comments,
amozie on DSK3GDR082PROD with PROPOSALS1




                                                51.5, EPA is proposing to incorporate by                be inconsistent with the CAA; and                     identified by Docket ID No. EPA–R03–
                                                reference source-specific RACT                             • Does not provide EPA with the                    OAR–2016–0373 at http://
                                                determinations under the 2008 8-hour                    discretionary authority to address, as                www.regulations.gov, or via email to
                                                ozone NAAQS for certain major sources                   appropriate, disproportionate human                   spielberger.susan@epa.gov. For
                                                of VOC emissions. EPA has made, and                     health or environmental effects, using                comments submitted at Regulations.gov,
                                                will continue to make, these materials                  practicable and legally permissible                   follow the online instructions for
                                                generally available through http://                     methods, under Executive Order 12898                  submitting comments. Once submitted,
                                                www.regulations.gov and at the EPA                      (59 FR 7629, February 16, 1994).                      comments cannot be edited or removed


                                           VerDate Sep<11>2014   18:01 Aug 02, 2018   Jkt 244001   PO 00000   Frm 00040   Fmt 4702   Sfmt 4702   E:\FR\FM\03AUP1.SGM   03AUP1


                                                                         Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules                                                   38113

                                                from Regulations.gov. For either manner                 it can form from chemical reactions of                review of SIPs that address CAA section
                                                of submission, EPA may publish any                      precursor gases including sulfur dioxide              110(a)(2)(D)(i) for the 2012 PM2.5
                                                comment received to its public docket.                  (SO2), nitrogen dioxide (NO2), certain                NAAQS (2016 PM2.5 Memorandum).1
                                                Do not submit electronically any                        volatile organic compounds (VOC), and                 Further information can be found in the
                                                information you consider to be                          ammonia. On January 15, 2013, EPA                     Technical Support Document (TSD) for
                                                confidential business information (CBI)                 revised the level of the health based                 this rulemaking action, which is
                                                or other information whose disclosure is                (primary) annual PM2.5 standard to 12                 available online at www.regulations.gov,
                                                restricted by statute. Multimedia                       micrograms per meter cubed (mg/m3).                   Docket number EPA–R03–OAR–2017–
                                                submissions (audio, video, etc.) must be                See 78 FR 3086.                                       0337.
                                                accompanied by a written comment.
                                                                                                        B. EPA’s Infrastructure Requirements                  II. Summary of SIP Revision and EPA
                                                The written comment is considered the
                                                                                                           Pursuant to section 110(a)(1) of the               Analysis
                                                official comment and should include
                                                discussion of all points you wish to                    CAA, states are required to submit a SIP                 West Virginia’s November 12, 2015
                                                make. EPA will generally not consider                   revision to address the applicable                    SIP submittal alleged that the current
                                                comments or comment contents located                    requirements of section 110(a)(2) within              West Virginia SIP contains adequate
                                                outside of the primary submission (i.e.                 three years after promulgation of a new               measures to ensure that the state is not
                                                on the web, cloud, or other file sharing                or revised NAAQS or within such                       causing significant contribution to
                                                system). For additional submission                      shorter period as EPA may prescribe.                  nonattainment in, nor interfering with
                                                methods, please contact the person                      Section 110(a)(2) requires states to                  the maintenance of, any other state with
                                                identified in the FOR FURTHER                           address basic SIP elements to assure                  respect to the 2012 PM2.5 NAAQS. West
                                                INFORMATION CONTACT section. For the                    attainment and maintenance of the                     Virginia refers to the measures detailed
                                                full EPA public comment policy,                         NAAQS—such as requirements for                        in the section pertaining to section
                                                information about CBI or multimedia                     monitoring, basic program                             110(a)(2)(A), which included numerous
                                                submissions, and general guidance on                    requirements, and legal authority.                    SIP-approved measures and other
                                                making effective comments, please visit                 Section 110(a) imposes the obligation                 federally enforceable measures,
                                                http://www2.epa.gov/dockets/                            upon states to make a SIP submission to               pursuant to permitting requirements
                                                commenting-epa-dockets.                                 EPA for a new or revised NAAQS, but                   under the CAA, that apply to sources of
                                                FOR FURTHER INFORMATION CONTACT:                        the contents of that submission may                   PM2.5 and its precursors within West
                                                Joseph Schulingkamp, (215) 814–2021,                    vary depending upon the facts and                     Virginia. A detailed summary of West
                                                or by email at schulingkamp.joseph@                     circumstances of each NAAQS and what                  Virginia’s submittal and EPA’s review
                                                epa.gov.                                                is in each state’s existing SIP. In                   and rationale for approval of this SIP
                                                                                                        particular, the data and analytical tools             revision as meeting CAA section
                                                SUPPLEMENTARY INFORMATION: On                           available at the time the state develops
                                                November 12, 2015, the State of West                                                                          110(a)(2)(D)(i)(I) for the 2012 PM2.5
                                                                                                        and submits the SIP revision for a new                NAAQS may be found in the TSD for
                                                Virginia, through the West Virginia                     or revised NAAQS affect the content of
                                                Department of Environmental Protection                                                                        this rulemaking action, which is
                                                                                                        the submission. The content of such SIP               available online at www.regulations.gov,
                                                (WVDEP) submitted a SIP revision                        submission may also vary depending
                                                addressing all required infrastructure                                                                        Docket number EPA–R03–OAR–2016–
                                                                                                        upon what provisions the state’s                      0373.
                                                elements under section 110(a) of the                    existing SIP already contains.
                                                CAA for the 2012 PM2.5 NAAQS. On                                                                                 EPA used the information in the 2016
                                                                                                           Specifically, section 110(a)(1)                    PM2.5 Memorandum and additional
                                                May 12, 2017, EPA approved all                          provides the procedural and timing
                                                portions of West Virginia’s November                                                                          information for the evaluation and came
                                                                                                        requirements for SIP submissions.                     to the same conclusion as West Virginia.
                                                12, 2015 submittal except the portions                  Section 110(a)(2) lists specific elements
                                                of the submittal which address section                                                                        As discussed in greater detail in the
                                                                                                        that states must meet for infrastructure              TSD, EPA identified the potential
                                                110(a)(2)(D)(i)(I) (prongs 1 and 2) and                 SIP requirements related to a newly
                                                110(a)(2)(D)(i)(II) (prong 4). See 82 FR                                                                      downwind nonattainment and
                                                                                                        established or revised NAAQS such as                  maintenance receptors identified in the
                                                22076. As explained in the final rule,                  requirements for monitoring, basic
                                                EPA intended to take separate action on                                                                       2016 PM2.5 Memorandum, and then
                                                                                                        program requirements, and legal                       evaluated them to determine if West
                                                these portions of West Virginia’s                       authority that are designed to assure
                                                submittal. At this time, EPA is only                                                                          Virginia’s emissions could potentially
                                                                                                        attainment and maintenance of the                     contribute to nonattainment and
                                                taking action on 110(a)(2)(D)(i)(I)                     NAAQS.
                                                (prongs 1 and 2) and is not taking action                                                                     maintenance problems in 2021, the
                                                on 110(a)(2)(D)(i)(II) (prong 4); EPA is                C. Interstate Pollution Transport                     attainment year for moderate PM2.5
                                                proposing separate action on prong 4.                   Requirements                                          nonattainment areas. Specifically, the
                                                See 83 FR 27734 (June 14, 2018).                                                                              analysis identified the following areas
                                                                                                           Section 110(a)(2)(D)(i)(I) of the CAA
                                                                                                                                                              as potential nonattainment and
                                                I. Background                                           requires a state’s SIP to address any
                                                                                                                                                              maintenance receptors: (i) 17 potential
                                                                                                        emissions activity in one state that
                                                A. General                                                                                                    receptors in California; (ii) one potential
                                                                                                        contributes significantly to
                                                                                                                                                              receptor in Shoshone County, Idaho;
                                                   Particle pollution is a complex                      nonattainment, or interferes with
                                                                                                                                                              (iii) one potential receptor in Allegheny
                                                mixture of extremely small particles and                maintenance, of the NAAQS in any
                                                                                                                                                              County, Pennsylvania; (iv) data gaps
                                                liquid droplets in the air. When inhaled,               downwind state. The EPA sometimes
                                                                                                                                                              exist for the monitors in four counties
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                                                these particles can reach the deepest                   refers to these requirements as prong 1
                                                regions of the lungs. Exposure to                       (significant contribution to                            1 ‘‘Information on the Interstate Transport ‘‘Good
                                                particle pollution is linked to a variety               nonattainment) and prong 2                            Neighbor’’ Provision for the 2012 Fine Particulate
                                                of significant health problems. Particle                (interference with maintenance), or                   Matter National Ambient Air Quality Standards
                                                pollution also is the main cause of                     jointly as the ‘‘good neighbor’’ provision            under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
                                                                                                                                                              Memorandum from Stephen D. Page, Director, EPA
                                                visibility impairment in the nation’s                   of the CAA. On March 17, 2016, EPA                    Office of Air Quality Planning and Standards
                                                cities and national parks. PM2.5 can be                 issued a memorandum providing                         (March 17, 2016). A copy is included in the docket
                                                emitted directly into the atmosphere, or                information on the development and                    for this rulemaking action.



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                                                38114                    Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules

                                                in Florida; and (v) data gaps exist for all             those imposed by state law. For that                    Authority: 42 U.S.C. 7401 et seq.
                                                monitors in Illinois. For the 17 receptors              reason, this proposed action:                           Dated: July 12, 2018.
                                                in California and one potential receptor                   • Is not a ‘‘significant regulatory                Cosmo Servidio,
                                                in Idaho, based on EPA’s evaluation of                  action’’ subject to review by the Office              Regional Administrator, Region III.
                                                distance and wind direction, EPA                        of Management and Budget under
                                                                                                                                                              [FR Doc. 2018–16602 Filed 8–2–18; 8:45 am]
                                                proposes to conclude that West                          Executive Orders 12866 (58 FR 51735,
                                                                                                                                                              BILLING CODE 6560–50–P
                                                Virginia’s emissions do not significantly               October 4, 1993) and 13563 (76 FR 3821,
                                                impact those receptors. For the potential               January 21, 2011);
                                                receptor in Allegheny County, EPA                          • Is not an Executive Order 13771 (82
                                                                                                                                                              ENVIRONMENTAL PROTECTION
                                                expects the air quality affecting that                  FR 9339, February 2, 2017) regulatory                 AGENCY
                                                monitor to improve to the point where                   action because SIP approvals are
                                                the monitor will not be a nonattainment                 exempted under Executive Order 12866.                 40 CFR Parts 52 and 81
                                                or maintenance receptor by 2021 and is                     • Does not impose an information
                                                                                                        collection burden under the provisions                [EPA–R07–OAR–2017–0734; FRL 9981–28—
                                                therefore unlikely to be a receptor for                                                                       Region 7]
                                                purposes of interstate transport. For the               of the Paperwork Reduction Act (44
                                                four counties in Florida and the                        U.S.C. 3501 et seq.);                                 Air Plan Approval and Air Quality
                                                monitors in Illinois with data gaps, EPA                   • Is certified as not having a                     Designation; MO; Redesignation of the
                                                initially treats those receptors as                     significant economic impact on a                      Missouri Portion of the St. Louis
                                                potential nonattainment or maintenance                  substantial number of small entities                  Missouri-Illinois Area to Attainment of
                                                receptors, but it is unlikely that they                 under the Regulatory Flexibility Act (5               the 1997 Annual Standards for Fine
                                                will be nonattainment or maintenance                    U.S.C. 601 et seq.);                                  Particulate Matter and Approval of
                                                receptors in 2021 because the most                         • Does not contain any unfunded                    Associated Maintenance Plan
                                                recent air quality data (from 2015–2017                 mandate or significantly or uniquely
                                                for Florida and from 2015–2016 for                      affect small governments, as described                AGENCY:  Environmental Protection
                                                Illinois) indicates that all monitors are               in the Unfunded Mandates Reform Act                   Agency (EPA).
                                                likely attaining the PM2.5 NAAQS and                    of 1995 (Pub. L. 104–4);                              ACTION: Proposed rule.
                                                are therefore unlikely to be                               • Does not have federalism
                                                                                                        implications as specified in Executive                SUMMARY:   On January 5, 2018, the
                                                nonattainment or maintenance concerns                                                                         Environmental Protection Agency (EPA)
                                                in 2021. Therefore, EPA proposes to                     Order 13132 (64 FR 43255, August 10,
                                                                                                        1999);                                                published in the Federal Register an
                                                conclude that West Virginia emissions
                                                will not contribute to those monitors.                     • Is not an economically significant               advanced notice of proposed
                                                                                                        regulatory action based on health or                  rulemaking (ANPR) specifically
                                                For these reasons, EPA is proposing to                                                                        requesting early input and comments on
                                                find that West Virginia’s existing SIP                  safety risks subject to Executive Order
                                                                                                        13045 (62 FR 19885, April 23, 1997);                  the Agency’s interpretation that air
                                                provisions as identified in the
                                                                                                           • Is not a significant regulatory action           quality monitoring data from 2015–2017
                                                November 12, 2015 SIP submittal are                                                                           support a finding that the Missouri
                                                                                                        subject to Executive Order 13211 (66 FR
                                                adequate to prevent its emission sources                                                                      Portion of the St. Louis nonattainment
                                                                                                        28355, May 22, 2001);
                                                from significantly contributing to
                                                                                                           • Is not subject to requirements of                area attains the 1997 Annual National
                                                nonattainment or interfering with                                                                             Ambient Air Quality Standards
                                                                                                        Section 12(d) of the National
                                                maintenance in another state with                                                                             (NAAQS) for fine particulate matter
                                                                                                        Technology Transfer and Advancement
                                                respect to the 2012 PM2.5 NAAQS.                                                                              (PM2.5). The notice also provided an
                                                                                                        Act of 1995 (15 U.S.C. 272 note) because
                                                III. Proposed Action                                    application of those requirements would               evaluation of Missouri’s 1997 Annual
                                                                                                        be inconsistent with the CAA; and                     PM2.5 NAAQS maintenance plan, which
                                                   EPA is proposing to approve the                         • Does not provide EPA with the                    includes the 2008 and 2025 NOX and
                                                November 12, 2015 West Virginia SIP                     discretionary authority to address, as                PM2.5 motor vehicle emission budgets
                                                revision addressing the interstate                      appropriate, disproportionate human                   (MVEBs) and established the 2008 base
                                                transport requirements for the 2012                     health or environmental effects, using                year emissions inventory. EPA received
                                                PM2.5 NAAQS because the submittal                       practicable and legally permissible                   no comments on the ANPR. EPA is now
                                                adequately addresses section                            methods, under Executive Order 12898                  taking direct final action on three items,
                                                110(a)(2)(D)(i)(I) of the CAA. EPA is                   (59 FR 7629, February 16, 1994).                      consistent with the ANPR. First, EPA is
                                                soliciting public comments on the                          The SIP, addressing West Virginia’s                approving the state’s request to
                                                issues discussed in this document.                      interstate transport obligations with                 redesignate the Missouri portion of the
                                                These comments will be considered                       respect to the 2012 PM2.5 NAAQS, is not               St. Louis MO-IL nonattainment area to
                                                before taking final action.                             approved to apply on any Indian                       attainment for the 1997 Annual PM2.5
                                                IV. Statutory and Executive Order                       reservation land as defined in 18 U.S.C.              NAAQS as the monitoring values
                                                Reviews                                                 1151 or in any other area where EPA or                demonstrate the area attains the
                                                                                                        an Indian tribe has demonstrated that a               standard. Second, EPA is approving the
                                                  Under the CAA, the Administrator is                   tribe has jurisdiction. In those areas of             state implementation plan (SIP) revision
                                                required to approve a SIP submission                    Indian country, the rule does not have                containing a maintenance plan for the
                                                that complies with the provisions of the                tribal implications and will not impose               Missouri portion of the area including
                                                CAA and applicable federal regulations.                 substantial direct costs on tribal                    the motor vehicle emissions budget.
amozie on DSK3GDR082PROD with PROPOSALS1




                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                     governments or preempt tribal law as                  Third, EPA is approving Missouri’s
                                                Thus, in reviewing SIP submissions,                     specified by Executive Order 13175 (65                2008 base year emissions inventory in
                                                EPA’s role is to approve state choices,                 FR 67249, November 9, 2000).                          accordance with section 172(c)(3) of the
                                                provided that they meet the criteria of                                                                       CAA. In the ‘‘Rules and Regulations’’
                                                the CAA. Accordingly, this action                       List of Subjects in 40 CFR Part 52                    section of this Federal Register, we are
                                                merely approves state law as meeting                      Environmental protection, Air                       approving the state’s SIP revisions as a
                                                federal requirements and does not                       pollution control, Incorporation by                   direct final rule without a prior
                                                impose additional requirements beyond                   reference, Particulate matter.                        proposed rule. If we receive no adverse


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Document Created: 2018-11-06 10:34:48
Document Modified: 2018-11-06 10:34:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 4, 2018.
ContactJoseph Schulingkamp, (215) 814-2021, or by email at [email protected]
FR Citation83 FR 38112 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter

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